51784 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

qualifies under this exemption, as 

defined in this paragraph (a)(18), may 

fish for or possess Atlantic sea scallops 

in the part of the Great South Channel 

Scallop Dredge Exemption Area that lies 

within the CC/GOM yellowtail flounder 

stock area (statistical area 521) between 

June 1 and June 30 of each year, as 

defined by the straight lines connecting 

the following points in the order stated 

below. 

GSC CC/GOM YELLOWTAIL

FLOUNDER SPAWNING CLOSURE

Point N. lat. W. long. 

YTB 1 ........ 41°33.05 [min] 70°00 [min] 

YTB 2 ........ 41°20 [min] 70°00 [min] 

YTB 3 ........ 41°20 [min] 69°50 [min] 

YTB 4 ........ 41°10 [min] 69°50 [min] 

YTB 5 ........ 41°10 [min] 69°30 [min] 

YTB 6 ........ 41°00 [min] 69°30 [min] 

YTB 7 ........ 41°00 [min] 68°57.58 [min] 

YTB 8 ........ 41°30 [min] 69°23 [min] 

YTB 9 ........ 41°30 [min] 69°10 [min] 

YTB 10 ...... 42°06 [min] 69°40 [min] 

YTB 11 ...... 41°35 [min] 69°40 [min] 

YTB 12 ...... 41°35 [min] 70°00 [min] 

* * * * * 

■ 5. § 648.81, paragraph (g)(2)(iii) is 

revised to read as follows: 

§ 648.81 NE multispecies closed areas and 

measures to protect EFH. 

* * * * * 

(g) * * * 

(2) * * * 

(iii) That are fishing with or using 

scallop dredge gear when fishing under 

a scallop DAS, and provided that the 

vessel complies with the NE 

multispecies possession restrictions for 

scallop vessels specified at § 648.80(h); 

or when lawfully fishing in the Scallop 

Dredge Fishery Exemption Areas, as 

described in paragraphs (a)(11) and (18) 

of this section. 

* * * * * 

[FR Doc. 06–7270 Filed 8–25–06; 4:23 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

082506D] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Shallow-Water 

Species Fishery by Vessels Using 

Trawl Gear in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA), effective 2400 hrs, Alaska local 

time, September 1, 2006. This 

adjustment is necessary to allow a 12- 

hour fishery for species that comprise 

the shallow-water species fishery 

without exceeding the fourth seasonal 

apportionment of the 2006 Pacific 

halibut bycatch allowance specified for 

the shallow-water species fishery in the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 1, 2006, through 

2400 hrs, A.l.t., September 1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The fourth seasonal apportionment of 

the 2006 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA is 150 

metric tons (mt) as established by the 

2006 and 2007 harvest specifications for 

groundfish of the GOA (71 FR 10870, 

March 3, 2006), for the period 1200 hrs, 

A.l.t., September 1, 2006, through 1200 

hrs, A.l.t., October 1, 2006. 

Regulations at § 679.23(b) specify that 

the time of all openings and closures of 

fishing seasons other than the beginning 

and end of the calendar fishing year is 

1200 hrs, A.l.t. Current information 

shows the expected trawl Pacific halibut 

bycatch rates observed in groundfish 

fisheries during the fourth season in the 

GOA to be 300 mt per day. The 

Administrator, Alaska Region, NMFS, 

has determined that the 2006 Pacific 

halibut bycatch allowance specified for 

the trawl fisheries could be exceeded if 

a 24-hour fishery were allowed to occur. 

NMFS intends that the halibut bycatch 

allowance not be exceeded and, 

therefore, will not allow a 24-hour 

directed fishery. NMFS, in accordance 

with §§ 679.25(a)(1)(i) and 

679.25(a)(2)(i)(A), is adjusting the trawl 

shallow-water species fishery in the 

GOA by prohibiting the fishery at 2400 

hrs, A.l.t., September 1, 2006, at which 

time directed fishing for shallow-water 

species by vessels using trawl gear in 

the GOA will be prohibited. This action 

has the effect of opening the fishery for 

12 hours. 

NMFS is taking this action to allow a 

controlled fishery to occur, thereby 

preventing the overharvest of the Pacific 

halibut bycatch allowance specified for 

the trawl shallow-water species fishery 

designated in accordance with the 2006 

and 2007 harvest specifications for 

groundfish in the GOA (71 FR 10870, 

March 3, 2006) and § 679.21(d). In 

accordance with § 679.25(a)(2)(iii), 

NMFS has determined that prohibiting 

directed fishing at 2400 hrs, A.l.t., 

September 1, 2006, after a 12 hour 

opening is the least restrictive 

management adjustment to allow the 

fishing industry opportunity to harvest 

species that comprise the shallow-water 

species fishery without exceeding the 

fourth seasonal apportionment of the 

2006 Pacific halibut bycatch allowance 

for the shallow-water species fishery in 

the GOA. Pursuant to § 679.25(b)(5), 

NMFS has considered data regarding 

inseason prohibited species bycatch 

rates observed in groundfish fisheries in 

the GOA in making this adjustment. 

The species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates and ‘‘other species.’’

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the inseason adjustment closing of 

the shallow-water species fishery by 

vessels using trawl gear in the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 25, 

2006. 

The AA also finds good cause to 

waive the 30-day delay in the effective 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51785 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 25, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–7321 Filed 8–28–06; 2:03 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

082506C] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

620 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2006 total 

allowable catch (TAC) of pollock for 

Statistical Area 620 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August, 28, 2006, through 

1200 hrs, A.l.t., October 1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The C season allowance of the 2006 

TAC of pollock in Statistical Area 620 

of the GOA is 2,953 metric tons (mt) as 

established by the 2006 and 2007 

harvest specifications for groundfish of 

the GOA (71 FR 10870, March 3, 2006). 

In accordance with § 679.20(a)(5)(iv)(B) 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), hereby 

increases the C season pollock 

allowance by 545 mt, the remaining 

amount of the A and B season allowance 

of the pollock TAC in Statistical Area 

620. The revised C season allowance of 

the pollock TAC in Statistical Area 620 

is therefore 3,498 mt (2,953 mt plus 545 

mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season allowance 

of the 2006 TAC of pollock in Statistical 

Area 620 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,488 mt, and is 

setting aside the remaining 10 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 620 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of directed fishing for 

pollock in Statistical Area 620 of the 

GOA. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of August 25, 2006. 

The AA also finds good cause to 

waive the 30 day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 25, 2006. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–7322 Filed 8–28–06; 2:03 pm] 

BILLING CODE 3510–22–S 


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